Case law

Barnes v. Oklahoma Farm Bureau Mutual Insurance Co.

11 P.3d 162 · Supreme Court of Oklahoma · Jan 16, 2001

No judicially sponsored common-law developments can lay claim to immunity from constitutional restraints on lawmaking activity that destroys accrued rights. B. The Teachings of Thomas v. … The threshold factor is that the decision must establish a new principle of law, whether by overruling clear past precedent on which litigants may have relied, or on an issue of first impression whose decision is not clearly

Rocin Liquidation Estate v. Alta AH & L (In Re Rocor International, Inc.)

352 B.R. 319 · United States Bankruptcy Court, W.D. Oklahoma · Sep 29, 2006

A transaction must satisfy both elements to qualify as an exception to a preferential transfer. The Tenth Circuit has held that this “defense should be narrowly construed.” M & L Bus. Mach. Co., 84 F.3d at 1339. … (In re Pearson Indus., Inc.), 142 B.R. 831, 844-45 (Bankr.C.D.Ill.1992)(testimony of defendant’s employees was “clearly that of interested parties and self-serving ....

In Re Williams Securities Litigation

339 F. Supp. 2d 1242 · District Court, N.D. Oklahoma · Dec 12, 2003

All of these allegations qualify as material facts under the Fleming analysis. … The group pleading doctrine was established by the Ninth Circuit in 1987 in Wool v.

N.H. v. Presbyterian Church (U.S.A.)

70 O.B.A.J. 3260 · Supreme Court of Oklahoma · Nov 2, 1999

We conclude that, under the facts presented — where the acts were clearly outside the scope of employment and the church officials lacked knowledge of the abuse — liability may not be imposed. ¶28 Summary judgment is proper … The United States Const., amend. 1 provides in pertinent part: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...”

Davis v. Core Civic, Inc.

District Court, E.D. Oklahoma · May 28, 2020

Plaintiff alleges in his “Statement of the Case” that he has been denied continuity of care by a “qualified” physician after his diagnosis of “lumbar and cervical degenerative disc disease with probable spinal stenosis with … The movant also must establish a violation of his constitutional rights. Rizzo v. Goode, 423 U.S. 362, 377 (1976).

Barnett v. Simmons

197 P.3d 12 · Supreme Court of Oklahoma · Nov 10, 2008

Rock Oil desired to discover the dates the affidavits were created on Barnett's computer in order to establish a possible statute of limitations defense. … The suggestion that sanctions cannot properly be imposed absent a showing of willful refusal to produce is "clearly wrong." Atlantic Cape Fisheries v. Hartford Fire Ins.

Simpson v. Dixon

64 O.B.A.J. 1721 · Supreme Court of Oklahoma · May 21, 1993

(Emphasis supplied.) .Oklahoma City ward boundaries are established by Ordinance No. 19,715, enacted March 6, 1992. . … The Legislature’s recognition of the fundamental-law uniformity mandate is clearly reflected in the State election code [Code]. 26 O.S.1991 §§ 1-101 et seq.

IN THE MATTER OF THE ESTATE OF CARLSON

2016 OK 6 · Supreme Court of Oklahoma · Jan 20, 2016

The court noted that "[f]oreign authority exists to the effect that a surviving joint tenant does not qualify for exoneration of a mortgage on joint tenancy property unless there is language in the decedent's will clearly … The right of FCS to present a creditor's claim prior to foreclosing is therefore established. The only question remaining is that of Grantees' standing. 2.

Dowell v. BOARD OF EDUCATION OF OKLAHOMA CITY PUB. SCH.

338 F. Supp. 1256 · District Court, W.D. Oklahoma · Feb 1, 1972

Eibling, Superintendent of Schools, Columbus, Ohio, as being a person who is an expert in the field of education and in the field of school administration and one who is competent and qualified to evaluate, analyze, and propose … Only one junior high (Eisenhower) and the one middle school, Rogers, (grades 6-8), can clearly be said to have lost their racial identity.

Duff v. Keaton

33 Okla. 92 · Supreme Court of Oklahoma · May 14, 1912

county court of Okmulgee county, authorizing said oil and gas lease, are not merely irregular and erroneous, but absolutely void; that such invalidity is not made to appear by facts outside the record, but is shown and established … The petition for leave to lease the land of said ward for oil and gas mining purposes is, in part, as follows: “Comes now Harwood Keaton and shows to the court: That he is the duly appointed, legally qualified, and acting

In Re Segura

218 B.R. 166 · United States Bankruptcy Court, N.D. Oklahoma · Mar 5, 1998

Such advertising, like most advertising, is designed to entice buyers to visit the dealer’s place of business; the ads likely reflect the best-case scenario for the most creditworthy car buyers who qualify for such low interest … WFS never clearly defined the scope of the areas covered by the interest rate statistics contained in its Exhibit 7.

C.H. (Skeet) Smith Trucking Co. v. Bill Hodges Trucking Co.

671 F. Supp. 1329 · District Court, W.D. Oklahoma · Oct 5, 1987

The doctrine has become an exception to, or immunity from, Sherman Act liability. … The Razorback Court held that improper interference is one where there are illegal “practices such as perjury, fraud, conspiracy with or bribery of governmental decision-makers, or misrepresentation, or is so clearly baseless

Beattie v. State ex rel. Grand River Dam Authority

73 O.B.A.J. 137 · Supreme Court of Oklahoma · Jan 15, 2002

The words United States are in no way qualified and their use in this context is nothing other than a reference to the needs of the grantor, a status now held by plaintiffs. … Any words that clearly show an intent to create it are sufficient. Cf. Tangner v. Brannin, 1963 OK 101, ¶ 5 , 381 P.2d 321 . Accord, Hornsilver Circle, Ltd. v. Trope, 904 P.2d 1353 (Colo.App.1995); Tanton v.

Philbrick v. Puritan Corporation

178 Okla. 489 · Supreme Court of Oklahoma · Sep 29, 1936

So that fact does not render it immune to the insurance laws. The benefits to be received by assured may be either at the present or in the future, or both, as in the present case. … It is admitted that the appellant did not qualify itself to do an insurance business in the state.

Roberson v. State

91 Okla. Crim. 217 · Court of Criminal Appeals of Oklahoma · May 3, 1950

Such procedure was highly prejudicial under the long established principles of this state. … The reason for the rule under the constitutional provision clearly did not exist.

Empire Oil & Refining Co. v. Fields

188 Okla. 666 · Supreme Court of Oklahoma · Nov 26, 1940

There are certain undisputed facts which appear to be substantially the same as those recited in the former opinion as having been established in the first trial. … The statement made is one of common knowledge, which the jury would know anyhow, and it is so qualified that we fail to see how any prejudice could have resulted therefrom.

Sarnowski v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Jun 9, 2023

Social Security Ruling 85-28 requires that the evidence “clearly establish[ ]” that the impairment is not severe. … If such a finding is not clearly established by medical evidence, however, adjudication must continue through the sequential evaluation process. SSR 85-28, 1985 WL 56856, at *3 (emphasis added).

Davis v. State

665 P.2d 1186 · Court of Criminal Appeals of Oklahoma · May 9, 1983

That instruction also qualifies the defense to the extent that, should the deceased flee and the defendant pursue him when he is no longer in danger, it is not a killing in self-defense. … evidence tending to establish recent fabrication.

Fields v. Hench's Country Liv'n Homes of Calera

District Court, E.D. Oklahoma · Sep 18, 2025

Plaintiffs further argue for a narrow interpretation of § 754(2), suggesting it should not provide blanket immunity without an equivalent private damages remedy in the regulated scheme. [Id. at 13]. … The Oklahoma Supreme Court definitively established in Osburn v.

Edwards v. Thrash

26 Okla. 472 · Supreme Court of Oklahoma · May 31, 1910

Besides, it is suggested that, where such a qualified fee in the city as we are now considering exists; The re-versionary right of the owner of the fee in the surface -of the street is too remote and contingent to be of any … All the courts seem to hold that,- under such constitutional provisions, consequential damages arising from the change of an established grade may be recovered by the abutting owner.